from Today in History:
October 31: General Interest
1517 : Martin Luther posts 95 theses
On this day in 1517, the priest and scholar Martin Luther approaches
the door of the Castle Church in Wittenberg, Germany, and nails a
piece of paper to it containing the 95 revolutionary opinions that
would begin the Protestant Reformation.
In his theses, Luther condemned the excesses and corruption of the
Roman Catholic Church, especially the papal practice of asking
payment--called "indulgences"--for the forgiveness of sins. At the
time, a Dominican priest named Johann Tetzel, commissioned by the
Archbishop of Mainz and Pope Leo X, was in the midst of a major
fundraising campaign in Germany to finance the renovation of St.
Peter's Basilica in Rome. Though Prince Frederick III the Wise had
banned the sale of indulgences in Wittenberg, many church members
traveled to purchase them. When they returned, they showed the pardons
they had bought to Luther, claiming they no longer had to repent for
their sins.
Methinks it is time for the equivalent on the Constitution. Let me explain.
First, as someone of Jewish background I am not necessarily particularly fond of Martin Luther, even though a reference to his name is important in American history and in my own activity in civil rights - Martin Luther King Jr.
My focus is far narrower. Luther saw abuses. He went to the door of the church in Wittenberg and nailed up a list of 95 theses he was prepared to debate and thereby changed the history of Europe, the church, the world.
The abuses of this administration are far worse than those of Tetzel, or of the other abuses of the Renaissance Church. Perhaps we need someone to be so blunt.
I will grant that we see pieces of what I desire: Kucinich talking about his efforts at impeachment, Dodd standing up for the Constitution, Durbin explaining why he cannot support Mukasey.
But it is all piecemeal. It does not tie it together.
And if all of it were laid out, at one time, in a spectacular fashion, perhaps even the mainstream media might be forced to pay attention.
This is not a partisan issue. This is to save the Constitution and the Republic.
Luther did not set out to split the church, but to save it, to bring it back to what he thought mattered.
The list of abuses against which I am prepared to protest probably exceed 95. But I have no church door, merely electrons on a blog.
Habeas corpus is the right of every human being on United State soil, who is a US citizen, or taken into custody by US officials. Since there is no rebellion or invasion Congress has no power to suspend it, and the Constitution gives no such power to the executive.
The executive has no privilege that denies Congress the right to exercise its lawful constitutional duties of oversight.
No one in the United States is outside the law. Our Founders specifically rejected the idea of monarchy and nobility - the Constitution bans both Federal and state governments from granting titles of nobility. All are subject to the law.
The Constitution is clear that Congress cannot pass ex post facto laws. The clear intent of those who wrote it does not limit this restriction to ex post facto criminalization. Ex post facto decriminalization and protection from recovery of damages from from civil suits is inherently violative of the spirit of the Constitution. If the President believes that the telecomms should not be prosecuted or that US officials who ahve tortured and spied should not be prosecuted, he has plenary power to pardon - he should use it and be prepared to suffer the political damage. Neither he nor Congress should be able to prevent citizens whose rights were violated from recovering damages, nor should Congress limit the damages that can be recovered.
If a Member or Senator will not fulfill his oath or affirmation to support the Constitution by fulfilling the responsibilities of office, including moving towards impeachment for the repeated high crimes and misdemeanors of this administration, s/he should have the decency to resign forthwith and allow the people to elect a replacement who will restore the proper balance between the branches.
The Congress should investigate ALL no-bid contracts awarded - in Iraq, in New Orleans, anywhere - to determine if there was proper justification for not abiding by regulations which require competitive bidding, if there were favoritism, if political connections were used to pillage the public purse without delivering the requisite services.
Oh, I could go on and on. I'm just getting started.
Congress should investigate the censoring of scientific information and testimony by officials in official reports, official testimony, press releases, and if it was done for political reasons to at a minimum censure and preferable move towards impeachment for abuse of office.
Any Federal judge who refuses to uphold the Constitution and the right of Congress to obtain the information necessary to fulfill its constitutional responsibilities should be notified that such might be a prima facia case of failure to fulfill his or her Constitutional responsibilities.
Might the Democrats be unable to convict in an impeachment trial? Do we know unless we move to establish the grounds?
We need a complete list, put together by all in this community and its related communities, better phrased than that of which I am capable, nailed not to the door of a church, but to the door of every Congressional office, Democratic and Republican, to the door - physical and electronic - of every media outlet - to the email box of every thinking American.
Luther worried about losing the church. Ultimately he was forced out - and the Protestant Reformation changed the world.
I worry about losing democracy and losing America. There is not much time left.
Tetzel sold "indulgences" - get out of Hell or purgatory cards. This administration apparently has sold get out of jail cards, literally, to Blackwater and other contractors. They have sold souls - not theirs, because apparently those were disposed of a long time ago, but those of our military sent into combat situations without appropriate training or equipment, the souls of the Iraqis whose lives were ended or wrecked by rules of engagement that if we had found the Germans using them in WW II would have been grounds for execution as crimes against humanity.
When and how do we say enough?
Where is our list? What is our equivalent of that church door in Wittenberg? And who will nail up our arguments for all to see?
I do not offer my usual salutation, because unfortunately we face a crisis. Who will step up, or must we do it ourselves, because our leaders lack the courage?